USA Statutes : nevada
Title : Title 28 - PUBLIC WORKS AND PLANNING
Chapter : CHAPTER 341 - STATE PUBLIC WORKS BOARD
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 341.013
and 341.015 have the meanings ascribed to them in those
sections.
[Part 1:102:1937; A 1953, 11]—(NRS A 1973, 904; 2003, 2483 )
“Board” means the State Public Works
Board.
(Added to NRS by 2003, 2482 )
“Manager” means the Manager
appointed pursuant to NRS 341.100 .
(Added to NRS by 2003, 2482 )
1. The State Public Works Board, consisting of the Director of the
Department of Administration and six members appointed by the Governor,
is hereby created within the Department of Administration.
2. At least one of the appointed members must have a comprehensive
knowledge of the principles of administration and at least one of the
appointed members must have a working knowledge of the principles of
engineering or architecture.
[Part 1:102:1937; A 1953, 11]—(NRS A 1959, 92; 1973, 904; 1983,
1959; 1987, 1485; 1993, 1567; 2001, 1916 )
1. The members of the Board shall be appointed for terms of 4
years.
2. The term of office of each member shall begin July 1 of the
year of his appointment.
[Part 2:102:1937; 1931 NCL § 6975.02]—(NRS A 1959, 92; 1977, 1200)
If an appointed member of the
Board fails to attend three successive meetings of the Board, the Board
shall notify the Governor of that fact, in writing, within 5 days after
the third successive meeting that the member fails to attend. Upon
receipt of the notice, the Governor may appoint a person to replace the
member for the unexpired term of that member.
(Added to NRS by 2001, 1915 )
1. Each member of the Board is entitled to receive a salary of not
more than $80 per day, as fixed by the Board, while engaged in the
business of the Board.
2. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally. The
per diem allowances and travel expenses must be paid from money
appropriated for the use of the Board.
[3:102:1937; 1931 NCL § 6975.03]—(NRS A 1977, 140; 1981, 1980;
1989, 1712)
Within a
reasonable time after the appointment of the members of the Board, the
Board shall meet upon the call of the Governor and shall organize and
elect a chairman and vice chairman from among the members appointed
pursuant to NRS 341.020 .
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1983,
1960; 1995, 1086; 2001, 1916 )
The Board shall:
1. Adopt such rules for the regulation of its proceedings and the
transaction of its business as it deems proper.
2. Meet at least once every 3 months.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 2001,
1916 )
The Board shall keep a record
of its official actions.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]
1. Except as provided in subsections 2 and 3, the Board may make
expenditures necessary to carry into effect the purposes of its acts.
2. All expenditures made by the Board must be within the limits of
the appropriation provided for the use of the Board, or provided from
money appropriated or authorized for expenditure by the Legislature for
construction work or major repairs.
3. The Board may, with the approval of the Interim Finance
Committee when the Legislature is not in regular or special session, or
with the approval of the Legislature by concurrent resolution when the
Legislature is in regular or special session, expend money obtained from
any source for advance planning of projects of capital improvement. For
the purposes of this subsection, “advance planning” means the preparation
of floor plans, cross sections, elevations, outlines of specifications,
estimates of cost by category of work and perspective renderings of the
project.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1981,
1201)
Whenever properly
approved claims payable out of a particular state building construction
project account exceed the amount that is available in such project
account, if the project is one which is financed in part by funds that
are made available to the Board by the United States or any of its
agencies or instrumentalities, the State Controller may transfer
temporarily from the General Fund to such project account such amount as
may be required to pay such claims, but not more than 50 percent of the
funds collectible from the United States for the particular project.
(Added to NRS by 1969, 60)
1. The Board may appoint a Manager who serves at the pleasure of
the Board and the Governor. The Board or the Governor may remove the
Manager for inefficiency, neglect of duty, malfeasance or for other just
cause.
2. The Manager, with the approval of the Board, may appoint a
deputy for professional services and a deputy for administrative, fiscal
and constructional services. In addition, the Manager may appoint such
other technical and clerical assistants as may be necessary to carry into
effect the provisions of this chapter.
3. The Manager and his deputies are in the unclassified service of
the State. Except as otherwise provided in NRS 284.143 , the Manager and each deputy shall devote his
entire time and attention to the business of his office and shall not
pursue any other business or occupation or hold any other office of
profit.
4. The Manager and his deputy for professional services must each
be a licensed professional engineer pursuant to the provisions of chapter
625 of NRS or an architect registered pursuant to the provisions of
chapter 623 of NRS. The deputy manager for administrative, fiscal and
constructional services must have a comprehensive knowledge of principles
of administration and a working knowledge of principles of engineering or
architecture as determined by the Board.
5. The Manager shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Board.
(c) Represent the Board before the Legislature.
(d) Prepare and submit to the Board, for its approval, the
recommended priority for proposed capital improvement projects and
provide the Board with an estimate of the cost of each project.
(e) Make recommendations to the Board for the selection of
architects, engineers and contractors.
(f) Make recommendations to the Board concerning the acceptance of
completed projects.
(g) Advise the Board and the Legislature, or the Interim Finance
Committee if the Legislature is not in session, on a monthly basis of the
progress of all public works projects which are a part of the approved
capital improvement program.
(h) Serve as the building official for all buildings and structures
on property of the State or held in trust for any division of the State
Government.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04] + [22:295:1953;
A 1955, 525]—(NRS A 1959, 787; 1960, 394; 1961, 655; 1963, 1331; 1965,
703; 1967, 1494; 1971, 166, 1431; 1981, 1278; 1983, 1960; 1987, 1485;
1991, 673; 1995, 2312; 1997, 1067; 2001, 1443 ; 2003, 2483 )
1. When acting in the capacity of building official pursuant to
paragraph (h) of subsection 5 of NRS 341.100 , the Manager or his designated representative
may issue an order to compel the cessation of work on all or any portion
of a building or structure based on health or safety reasons or for
violations of applicable building codes or other laws or regulations.
2. If a person receives an order issued pursuant to subsection 1,
the person shall immediately cease work on the building or structure or
portion thereof.
3. Any person who willfully refuses to comply with an order issued
pursuant to subsection 1 or who willfully encourages another person to
refuse to comply or assists another person in refusing to comply with
such an order is guilty of a misdemeanor and shall be punished as
provided in NRS 193.150 . Any penalties
collected pursuant to this subsection must be deposited with the State
Treasurer for credit to the State General Fund.
4. In addition to the criminal penalty set forth in subsection 3,
the Manager may impose an administrative penalty of not more than $1,000
per day for each day that a person violates subsection 3.
5. If a person wishes to contest an order issued to him pursuant
to subsection 1, the person may bring an action in district court. The
court shall give such a proceeding priority over other civil matters that
are not expressly given priority by law. An action brought pursuant to
this subsection does not stay enforcement of the order unless the
district court orders otherwise.
6. If a person refuses to comply with an order issued pursuant to
subsection 1, the Manager may bring an action in the name of the State of
Nevada in district court to compel compliance and to collect any
administrative penalties imposed pursuant to subsection 4. The court
shall give such a proceeding priority over other civil matters that are
not expressly given priority by law. Any attorney’s fees and costs
awarded by the court in favor of the State and any penalties collected in
the action must be deposited with the State Treasurer for credit to the
State General Fund.
7. No right of action exists in favor of any person by reason of
any action or failure to act on the part of the Board, the Manager or any
officers, employees or agents of the Board in carrying out the provisions
of this section.
8. As used in this section, “person” includes a government and a
governmental subdivision, agency or instrumentality.
(Added to NRS by 2003, 2482 )
In general, the Board shall
have such powers as may be necessary to enable it to fulfill its
functions and to carry out the purposes of this chapter.
[Part 6:102:1937; 1931 NCL § 6975.06]
1. Upon the request of the head of a state agency, the Board may
delegate to that agency any of the authority granted the Board pursuant
to NRS 341.141 to 341.148 , inclusive.
2. This section does not limit any of the authority of the
Legislature when the Legislature is in regular or special session or the
Interim Finance Committee when the Legislature is not in regular or
special session to consult with the Board concerning a construction
project or to approve the advance planning of a project.
(Added to NRS by 1987, 926)
The Board may, with the approval of
the Interim Finance Committee when the Legislature is not in regular or
special session, or with the approval of the Legislature, by concurrent
resolution, when the Legislature is in regular or special session, use
grants of money received under authority of this chapter, unless
otherwise limited by the conditions of any such grant, for:
1. The design and construction of public buildings or projects for
which no appropriation has been made by the Legislature, or the
acquisition of real property for such buildings or projects, or both.
2. Additional acquisition, design and construction costs on public
buildings or projects, through appropriate contract procedures, for which
the original legislative appropriation made no provision.
(Added to NRS by 1971, 774; A 1977, 162)
The Board is authorized
to contract in the name of the State of Nevada with the United States or
any of its agencies or instrumentalities, and to receive and expend by
grant, loan or otherwise funds which may be made available by the United
States or any of its agencies or instrumentalities.
(Added to NRS by 1961, 729)
The Board is authorized:
1. To participate in interstate, regional and national planning
projects for the purpose of conserving and promoting public health and
the safety, convenience and general welfare of the people.
2. Through its members or its staff, to confer and cooperate with
federal officials and with the executive, legislative or planning
authorities of neighboring states and of the counties and municipalities
of such states.
[Part 6:102:1937; 1931 NCL § 6975.06]
The Board is authorized to use all reasonable means to promote
public interest in the problems of state planning, and to that end may
publish and distribute copies of its reports and may employ other lawful
means of publicity and education.
[Part 6:102:1937; 1931 NCL § 6975.06]
1. The Board shall furnish engineering and architectural services
to the Nevada System of Higher Education and all other state departments,
boards or commissions charged with the construction of any building
constructed on state property or for which the money is appropriated by
the Legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than nonresidential buildings with more
than 1,000 square feet in floor area, made:
(1) In state parks by the State Department of Conservation
and Natural Resources; or
(2) By the Department of Wildlife; and
(c) Buildings on property controlled by other state agencies if the
Board has delegated its authority in accordance with NRS 341.119 .
Ê The Board of Regents of the University of Nevada and all other state
departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS
A 1961, 713; 1965, 682; 1969, 114; 1971, 841; 1973, 904; 1977, 7; 1981,
57, 1201; 1983, 1960; 1985, 59; 1987, 926; 1993, 393, 520; 1995, 529;
2003, 605 )
The Board may, with the
approval of the Interim Finance Committee when the Legislature is not in
regular or special session, or with the approval of the Legislature by
concurrent resolution when the Legislature is in regular or special
session, plan a project in advance by preparing floor plans, cross
sections, elevations, outlines of specifications, estimates of cost by
category of work and perspective renderings of the project. The Board may
submit preliminary or advance plans or designs to qualified architects or
engineers for preparation of detailed plans and specifications if the
Board considers it desirable. The cost of preparation of preliminary or
advance plans or designs, the cost of detailed plans and specifications,
and the cost of all architectural and engineering services are charges
against the appropriations made by the Legislature for any state
buildings or projects, or buildings or projects planned or contemplated
by any state agency for which the Legislature has appropriated or may
appropriate money. The costs must not exceed the limitations that are or
may be provided by the Legislature.
(Added to NRS by 1985, 57)
For the purposes of the design and construction of buildings or other
projects of this State, the Board shall adopt by regulation:
1. The seismic provisions of the International Building Code
published by the International Code Council; and
2. Standards for the investigation of hazards relating to seismic
activity, including, without limitation, potential surface ruptures and
liquefaction.
(Added to NRS by 2003, 1895 )
The Board:
1. Has final authority to approve the architecture of all
buildings, plans, designs, types of construction, major repairs and
designs of landscaping.
2. Shall determine whether any rebates are available from a public
utility for installing devices in any state building which are designed
to decrease the use of energy in the building. If such a rebate is
available, the Board shall apply for the rebate.
3. Shall solicit bids for and let all contracts for new
construction or major repairs.
4. May negotiate with the lowest responsible and responsive bidder
on any contract to obtain a revised bid if:
(a) The bid is less than the appropriation made by the Legislature
for that building project; and
(b) The bid does not exceed the relevant budget item for that
building project as established by the Board by more than 10 percent.
5. May reject any or all bids.
6. After the contract is let, shall supervise and inspect
construction and major repairs. The cost of supervision and inspection
must be financed from the capital construction program approved by the
Legislature.
7. Shall obtain approval from the Interim Finance Committee when
the Legislature is not in regular or special session, or from the
Legislature by concurrent resolution when the Legislature is in regular
or special session, for any change in the scope of the design or
construction of a project as that project was authorized by the
Legislature. The Board shall adopt by regulation criteria for determining
whether a change in the scope of the design or construction of a project
requires such approval.
8. May authorize change orders, before or during construction:
(a) In any amount, where the change represents a reduction in the
total awarded contract price.
(b) Except as otherwise provided in paragraph (c), not to exceed in
the aggregate 10 percent of the total awarded contract price, where the
change represents an increase in that price.
(c) In any amount, where the total awarded contract price is less
than $10,000 and the change represents an increase not exceeding the
amount of the total awarded contract price.
9. Shall specify in any contract with a design professional the
period within which the design professional must prepare and submit to
the Board a change order that has been authorized by the design
professional. As used in this subsection, “design professional” means a
person with a professional license or certificate issued pursuant to
chapter 623 , 623A or 625 of NRS.
10. Has final authority to accept each building or structure, or
any portion thereof, on property of the State or held in trust for any
division of the State Government as completed or to require necessary
alterations to conform to the contract or to codes adopted by the Board,
and to file the notice of completion and certificate of occupancy for the
building or structure.
(Added to NRS by 1985, 58; A 1995, 382; 2001, 1916 ; 2003, 2484 )
1. The Board shall establish funds for projects of capital
construction necessary to account for the program of capital construction
approved by the Legislature. These funds must be used to account for all
revenues, appropriations and expenditures restricted to constructing
buildings and other projects which come under the supervision of the
Board.
2. If a state department, board, commission or agency provides to
the Board money that has not been appropriated by the Legislature for a
capital improvement project, any interest earned on that money accrues to
the benefit of the project. Upon a determination by the Board that the
project is completed, the Board shall return any principal and interest
remaining on that money to the department, board, commission or agency
that had provided the money to the Board.
3. Except as otherwise provided in subsection 4, if the money
actually received by the Board for a capital improvement project includes
money from more than one source, the money must be expended in the
following order:
(a) Money received for the project from the Federal Government;
(b) Money generated by the state department, board, commission or
agency for whom the project is being performed;
(c) Money that was approved for the same or a different project
during a previous biennium that has been reallocated during the current
biennium for the project;
(d) Proceeds from the issuance of general obligation bonds;
(e) Money from the State General Fund; and
(f) Any other source of money for the project.
4. The provisions of subsection 3 do not apply if the receipt of
any money from the Federal Government for the project is conditioned upon
a different order of expenditure.
(Added to NRS by 1985, 58; A 2003, 2485 )
The Board shall advertise in a
newspaper of general circulation in the State of Nevada for separate
sealed bids for each construction project whose estimated cost is more
than $100,000. Approved plans and specifications for the construction
must be on file at a place and time stated in the advertisement for the
inspection of all persons desiring to bid thereon and for other
interested persons. The Board may accept bids on either the whole or a
part of the construction, equipment and furnishings of a construction
project and may let separate contracts for different and separate
portions of any project, or a combination contract for structural,
mechanical and electrical construction if savings will result to this
state.
(Added to NRS by 1985, 58; A 1989, 968; 2001, 1917 ; 2003, 2000 , 2485 )
The construction of a capital improvement that is
subject to the supervision of the Board pursuant to this chapter may not
be begun unless the funding for the operation and maintenance of the
improvement during the current fiscal year, including personnel, is
included in the approved budget for the fiscal year in which construction
is begun.
(Added to NRS by 1997, 2486)
1. The Board shall provide for a system of accounting for the
total costs of state buildings throughout their expected useful life,
taking into account all expenses of maintenance and operation.
2. Each proposal for the construction of a state building must
include:
(a) Figures showing the final total cost of the building, which is
the sum of:
(1) Initial construction costs; and
(2) Operating costs for the expected useful life of the
building, including maintenance, heating, lighting, air-conditioning,
personnel and other expenses of operation; and
(b) A statement of the proposed source of funding for the final
total cost of the building.
(Added to NRS by 1977, 276; A 1997, 2486)
1. The Legislature hereby finds as facts:
(a) That the construction of public buildings is a specialized
field requiring for its successful accomplishment a high degree of skill
and experience not ordinarily acquired by public officers and employees
whose primary duty lies in some other field.
(b) That this construction involves the expenditure of large
amounts of public money which, whatever their particular constitutional,
statutory or governmental source, involve a public trust.
(c) That the application by state agencies of conflicting standards
of performance results in wasteful delays and increased costs in the
performance of public works.
2. The Legislature therefore declares it to be the policy of this
state that all construction of buildings upon property of the State or
held in trust for any division of the State Government be supervised by,
and final authority for its completion and acceptance vested in, the
Board as provided in NRS 341.141 to
341.148 , inclusive.
(Added to NRS by 1965, 682; A 1973, 905; 1985, 60; 2003, 2485
)
With the
concurrence of the Board, the Board of Regents of the University of
Nevada and any other state department, board or commission may enter into
agreements with persons, associations or corporations to provide
consulting services to determine and plan the construction work that may
be necessary to meet the needs of the programs of those agencies. These
contracts must be for a term not exceeding 5 years and must provide for
payment of a fee for those services not to exceed one-half of 1 percent
of the total value of:
1. In the case of the Nevada System of Higher Education, building
construction contracts relating to the construction of a branch or
facility within the Nevada System of Higher Education; and
2. In the case of another state department, board or commission,
all construction contracts relating to construction for that agency,
Ê during the term and in the area covered by the contract.
(Added to NRS by 1965, 682; A 1967, 1119; 1969, 1431; 1973, 906;
1993, 393)
The provisions of NRS 341.141 to 341.155 ,
inclusive, do not require the Legislative Branch of government to use the
services of the Board. The Legislature may require the Board to provide
the services described in those sections for particular projects for the
Legislative Branch of government.
(Added to NRS by 1989, 282)
1. The Board may, with the approval of the Interim Finance
Committee when the Legislature is not in regular or special session, or
with the approval of the Legislature by concurrent resolution when the
Legislature is in regular or special session, let to a contractor
licensed under chapter 624 of NRS a contract for services which assist the Board in the design
and construction of a project of capital improvement.
2. The Board shall adopt regulations establishing procedures for:
(a) The determination of the qualifications of contractors to bid
for contracts for services described in subsection 1.
(b) The bidding and awarding of such contracts, subject to the
provisions of subsection 3.
(c) The awarding of construction contracts based on a final cost of
the project which the contractor guarantees will not be exceeded.
(d) The scheduling and controlling of projects.
3. Bids on contracts for services which assist the Board in the
design and construction of a project of capital improvement must state
separately the contractor’s cost for:
(a) Assisting the Board in the design and construction of the
project.
(b) Obtaining all bids for subcontracts.
(c) Administering the construction contract.
4. A person who furnishes services under a contract awarded
pursuant to subsection 1 is a contractor subject to all provisions
pertaining to a contractor in title 28 of NRS.
(Added to NRS by 1975, 830; A 1977, 154; 1981, 1203; 1999, 3482
; 2001, 1917 , 2022 ; 2003, 119 , 124 )
1. The Board may, with the approval of the Interim Finance
Committee when the Legislature is not in regular or special session, or
with the approval of the Legislature by concurrent resolution when the
Legislature is in regular or special session, enter into a contract for
services with a contractor licensed pursuant to chapter 624 of NRS to assist the Board:
(a) In the development of designs, plans, specifications and
estimates of costs for a proposed construction project.
(b) In the review of designs, plans, specifications and estimates
of costs for a proposed construction project to ensure that the designs,
plans, specifications and estimates of costs are complete and that the
project is feasible to construct.
2. The Board is not required to advertise for bids for a contract
for services pursuant to subsection 1, but may solicit bids from not
fewer than three licensed contractors and may award the contract to the
lowest responsible and responsive bidder.
3. The Board shall adopt regulations establishing procedures for:
(a) The determination of the qualifications of contractors to bid
for the contracts for services described in subsection 1.
(b) The bidding and awarding of such contracts.
4. If a proposed construction project for which a contractor is
awarded a contract for services by the Board pursuant to subsection 1 is
advertised pursuant to NRS 338.1385 , that contractor may submit a bid for the contract for the
proposed construction project if he is qualified pursuant to NRS 338.1375
.
(Added to NRS by 2001, 1915 ; A 2003, 2000 )
1. The Board shall, for each fiscal year, compile a report
concerning projects of construction of state buildings that are financed
by general obligation bonds, revenue bonds or medium-term obligations.
2. The report required to be compiled pursuant to subsection 1
must include:
(a) The source and amount of money received from the bonds and
obligations during the fiscal year;
(b) A list of the projects completed during the fiscal year,
including, without limitation, any change in the estimated cost of such a
project and any change in the date for completion for such a project; and
(c) A list of projects under construction, the estimated cost of
each of those projects, the date for completion of each of those projects
and any changes in the estimated cost or date for completion of those
projects.
3. The Board shall submit, in any format including an electronic
format, a copy of the report compiled pursuant to subsection 1 on or
before February 1 of the year next succeeding the period to which the
report pertains to the Director of the Legislative Counsel Bureau for
distribution to each regular session of the Legislature.
(Added to NRS by 2005, 1401 )
1. The Board shall submit reports and make recommendations
relative to its findings to the Governor and to the Legislature. The
Board shall particularly recommend to the Governor and to the Legislature
the priority of construction of any and all buildings or other
construction work now authorized or that may hereafter be authorized or
proposed.
2. The Board shall submit before October 1 of each even-numbered
year its recommendations for projects for capital improvements in the
next biennium.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS
A 1987, 1486)
The Board shall inspect all
state buildings periodically, including all buildings at the University
of Nevada, Reno, and at the University of Nevada, Las Vegas, and all
physical plant facilities at all state institutions. Reports of all
inspections, including findings and recommendations, must be submitted to
the appropriate state agencies and, if the Board finds any matter of
serious concern in a report, it shall submit that report to the
Legislative Commission.
(Added to NRS by 1963, 1391; A 1969, 1431; 1979, 712)—(Substituted
in revision for NRS 341.165)
The Board shall:
1. Cooperate with other departments and agencies of the State in
their planning efforts.
2. Advise and cooperate with municipal, county and other local
planning commissions within the State to promote coordination between the
State and the local plans and developments.
3. Cooperate with the Nevada Arts Council and the Buildings and
Grounds Division of the Department of Administration to plan the
potential purchase and placement of works of art inside or on the grounds
surrounding a state building.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS
A 1995, 420; 1997, 3157; 2003, 638 )
